ACCEPTABLE USE POLICY
Last updated: October 16, 2024
NOTICE TO YOU: PLEASE READ THIS ACCEPTABLE USE POLICY (“AUP”) BEFORE ACCESSING AND/OR USING THE FLOODWISE ONLINE PLATFORM OR SERVICE (COLLECTIVELY, “FLOODWISE”) PROVIDED BY STREAMLINE TECHNOLOGIES, INC. (“STREAMLINE”). THIS AUP IS A LEGALLY BINDING AGREEMENT THAT GOVERNS YOUR (“YOU”, “YOU”, OR “YOUR”) ACCESS TO AND USE OF FLOODWISE. BY ACCESSING AND/OR USING FLOODWISE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AUP AND THAT YOU ARE BOUND BY THIS AUP. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AUP, THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE FLOODWISE AND YOU SHALL IMMEDIATELY CEASE ACCESSING AND USING FLOODWISE. FOR THE ENTITY THAT AUTHORIZES YOUR ACCESS TO AND USE OF FLOODWISE (“CUSTOMER”), THIS AUP APPLIES IN CONJUNCTION WITH THE SERVICE AGREEMENT (“AGREEMENT”) EXECUTED BY AND BETWEEN STREAMLINE AND CUSTOMER.
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Limited Right of Access and Use.
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Subject to the terms of this AUP and the Agreement, Streamline hereby grants you, and you hereby accept, a limited, non-exclusive and non-transferable right to electronically access and use of FloodWise for the sole purpose of using FloodWise on behalf and within the scope of your employment or engagement by Customer (“Limited Right of Access and Use”).
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YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY AND USE OF YOUR USERNAME AND PASSWORD. You shall immediately notify Streamline by e-mail of any actual or suspected access to or use of a username, password and/or your account by any unauthorized party or any other actual or potential security breach involving a username, password or your account. Streamline may, in Streamline’s sole discretion and at any time, require you to change a username or password.
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Term and Termination. Your Limited Right of Access and Use is subject to your compliance with the terms of this AUP, as well as the duration of the Agreement and your authorization to use FloodWise from the Customer. Streamline may suspend or terminate your Limited Right of Access and Use, without notice to you or the Customer, if you or the Customer fails to comply with the terms of this AUP or if the Agreement is terminated. Upon the termination of your Limited Right of Access and Use, for any reason, you shall immediately and permanently cease accessing and using FloodWise.
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Restrictions. You shall not, and shall not cause or permit others to, do or attempt to do any of the following:
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access or use FloodWise, except as specifically set forth in this AUP;
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access or use FloodWise in a manner that violates this AUP or any applicable law, rule, or regulation;
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allow another person to use your username and/or password to access and/or use FloodWise or for any other purpose;
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assign, sublicense, transfer, or otherwise provide another person with access to and/or use of FloodWise;
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impersonate, or misrepresent your affiliation with, another person or entity;
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upload, post, e-mail, transmit, or otherwise make available through FloodWise any content, data or other information (i) that is false, inaccurate, incomplete, untimely, misleading, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or hateful; (ii) for which you do not have a right to make available (publicly or privately); (iii) that infringes any intellectual property right or other proprietary right of any person or entity; or (iv) that contains malware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, interfere with, or otherwise limit the functionality of any computer software, hardware, network, telecommunications equipment, or to otherwise interact with FloodWise in a manner not permitted;
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download, copy, publish, modify, tamper with, adapt, translate, reverse engineer, disassemble, decompile, decode, or decrypt FloodWise or the software that powers FloodWise;
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create derivative works from FloodWise;
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use, remove, alter, obscure, translate, combine, supplement, or otherwise change any screen display, patent, copyright or trademark marking, disclaimer, version or release number, or serial number, which is present in, displayed by, or provided in connection with, FloodWise;
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give the appearance that you are authorized to display FloodWise for others;
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probe, scan, or test the vulnerability of FloodWise;
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act as a service bureau for third parties or act as an outsource agent or outsource provider for third parties, or otherwise utilize FloodWise for the benefit of any third party;
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use any information from FloodWise for purposes of monitoring availability, performance or functionality, or for any other benchmarking or competitive purposes;
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enable high volume, automated, electronic processes through FloodWise;
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use any robot, spider, data miner, crawler, scraper, or other automated means to access or index FloodWise or content, data or other information associated with FloodWise;
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interfere with or disrupt FloodWise or servers or networks connected to FloodWise, or violate any requirements, procedures, policies, or regulations of networks connected to FloodWise;
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interfere with the use of FloodWise by Streamline or other End-Users of FloodWise;
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bypass, breach, or disable any technological safeguard, restricted access, or other protection used by, or in connection with, FloodWise;
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stalk or otherwise harass any person or entity through FloodWise;
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facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes, and/or any other activity featuring the award of a prize through FloodWise;
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use FloodWise to collect, store, use, share, or otherwise process personal data, personal information, personally identifiable information or any other information which is related to an identified or identifiable natural person, except as (i) allowed by applicable law, (ii) permitted pursuant to this AUP, and (iii) to facilitate a transaction through FloodWise; or
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disclose any information of or provided by Streamline or another end-user, except as needed to use the Service in accordance with this AUP.
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Intellectual Property Rights. Streamline owns all right, title and interest in and to FloodWise, as well as the software which powers FloodWise. Other than the Limited Right of Access and Use, no other rights are granted pursuant to this AUP, and all other rights related to FloodWise are hereby reserved by Streamline and shall remain owned solely and exclusively in their entirety by Streamline. Nothing in this AUP creates for you any right of ownership in or to FloodWise. From time to time, you may provide feedback to Streamline regarding FloodWise, including, without limitation, usability, bug reports, and test results (collectively, the "Feedback"). Streamline will own all intellectual property rights, title, and interest in and to the Feedback.
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Data.
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All personal information provided by you or otherwise collected or processed by Streamline in connection with your access to and/or use of FloodWise is governed by this AUP and Streamline’s Privacy Policy (“Privacy Policy”). Specifically, as between you and Streamline, you will own your personal information uploaded to or otherwise provided through FloodWise (“Your Data”); provided, however, you hereby grant Streamline a worldwide, perpetual, irrevocable right and license to Streamline to use Your Data to provide you and the Customer with access to and use of FloodWise.
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You hereby acknowledge and agree that Streamline may create de-identified and aggregated data from Your Data, as well as from technical information collected from your access to and/or the use of FloodWise (collectively, “Aggregated Data”). You acknowledge and agree that (i) Streamline owns all right, title and interest in the Aggregated Data; and (ii) you do not own or have any right in or to the Aggregated Data.
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Streamline is not responsible for any data, links, content, or other data provided by third parties (collectively, “Third Party Data”) or for any action you may take relating to any such Third Party Data. All Third Party Data is the sole responsibility of the creator or sender of that Third Party Data. Streamline may, but is obligated to, monitor, supervise, store, or maintain any Third Party Data or respond to complaints relating to Third Party Data.
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To the extent legally permitted, Streamline may access, use, and disclose Your Data and any Third Party Data to (i) protect use of FloodWise; (ii) protect the rights, property, or safety of Streamline or third parties; (iii) enforce the policies and procedures of Streamline; or (iv) comply with applicable law, including, without limitation, orders of law enforcement and courts.
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